The planning commission is established, consisting of seven
members who are residents of the city. The city council shall appoint
the commissioners.
(Ord. 710 § 1, 1976; Ord. 1596 § 2, 2020)
The term of each member of the commission shall be four years
and until a successor is appointed and qualified. Terms shall be staggered
and shall expire in even-numbered years.
(Ord. 710 § 2.1, 1976; Ord. 1074 § 1, 1990)
Commissioners shall be limited to three consecutive terms. For
purposes of calculating consecutive terms, service of at least two
years plus one day during a term shall be counted as a complete term;
all prior continuous service of existing commissioners shall be counted.
Upon serving the maximum number of consecutive terms, a commissioner
shall not be eligible for re-appointment to the planning commission
for a period of two years. If a vacancy occurs on the board, the city
council shall appoint an individual to serve the remaining unexpired
term of the former incumbent.
(Ord. 710 §§ 2.2,
2.3, 1976; Ord. 1180 § 1,
1996; Ord. 1314 § 2, 2002; Ord. 1395 § 2, 2008; Ord. 1573 § 2, 2019)
(a) On
the third Thursday of January of each year, the commission shall elect
a chairperson and a chairperson pro tem. The term of the offices shall
be one year. The chairperson pro tem shall serve in the absence of
the chairperson.
(b) The
person serving as the planning director shall serve as the secretary
of the commission.
(Ord. 710 § 3, 1976; Ord. 892 § 1, 1982; Ord. 1074 § 2, 1990)
(a)
The commission shall meet on the first and third Thursdays of
each month at seven p.m. in the Library, Parks and Recreation Building,
South San Francisco, California, or in a location that shall be set
by resolution of the commission, except in case of necessity or emergency
the chairperson or four commissioners may designate an alternate meeting
place within the corporate limits of the city. Legal notice of an
emergency meeting shall be given at least twenty-four hours prior
to the time of the meeting. If a meeting is set for the regular meeting
place of the commission, or duly noticed for an alternate meeting
place, and because of necessity or emergency, the commission is required
to meet in another place within the corporate limits of the city,
then the secretary shall appear at the regular or alternate meeting
place, whichever is the case, at the time set for the meeting, and
publicly announce the new meeting place and post a notice of same
on the door of the regular meeting place. Notices of all meetings,
except regular meetings, shall be served on each commissioner and
to each person who has requested notice in writing of such meetings,
at least twenty-four hours prior to the time specified for the proposed
meeting. Notices shall comply with
Government Code <https://library.qcode.us/redirect/state_code/ca/ca_gov>
Section 54950 et seq., also referred to as the Ralph M. Brown Act.
(b)
If the day designated as a regular, adjourned regular, special
or study meeting falls upon a legal holiday, the commission shall
meet upon the next succeeding day which is not a holiday unless otherwise
ordered by the commission.
(Ord. 710 § 4, 1976; Ord. 859 § 1, 1981; Ord. 1074 § 3, 1990; Ord. 1476 § 1, 2013; Ord. 1651-2023, 10/11/2023)
Commissioners shall receive compensation for their services as provided for in Chapter
2.84.
(Ord. 710 § 5, 1976; Ord. 1248 § 3, 1999; Ord. 1626 § 2, 2021)
For the purpose of this chapter, the following words and phrases
are defined as follows:
“Alteration”
means any change to or modification of an historic resource.
“Architectural”
means anything pertaining to the science, art or profession
of designing and constructing buildings.
“Certificate of alteration”
means an approved certificate issued for the construction,
demolition, alteration, removal or relocation of any publicly or privately
owned historic resource.
“Commission”
means the planning commission appointed pursuant to the provisions
of this chapter.
“Culture” or “cultural”
means anything pertaining to the concept, skills, habits,
arts, instruments, or institutions of a given people at a given point
in time.
“Chief planner”
means the chief planner of the city of South San Francisco,
or the chief planner’s designee.
“Historic resource”
means a structure, a natural feature, or a site which is
fifty years old or older, of architectural, artistic, cultural, engineering,
aesthetic, archeological, historical, political, or social significance
to the citizens of the city of South San Francisco, the state, or
the nation.
“List of potential historic resources”
means that list which has been developed by the former historic
preservation commission which includes properties which have been
studied and ranked in terms of importance and which qualify as potential
historic resources. This list, which may be amended by the commission
from time to time, is on file in the office of the chief planner.
“Natural feature”
means any tree, plant life, geographical or geological site
or feature.
“Owner”
means any person, association, partnership, firm, corporation
or public entity appearing as the holder of title on any property
as shown on the records of the county assessor or on the last equalized
assessment roll of the county of San Mateo, as applicable.
“Person”
means any person, association, partnership, firm, corporation
or public entity.
“Preservation”
means the identification, study, protection, restoration,
rehabilitation or enhancement of historic resources.
“Site”
means a parcel or parcels of land in the city of South San
Francisco.
“Structure”
means any building or any other man-made object affixed on
or under the ground.
(Ord. 1440 § 2, 2011)
In addition to those powers and duties identified in Title 20,
the commission shall have the following powers and duties with respect
to historic preservation:
(a) Designate
historic resources;
(b) Review
applications for, and issue certificates of alteration authorizing
alteration, demolition or construction affecting designated historic
resources;
(c) Consult
with and consider the ideas and recommendations of civic groups, public
agencies, and citizens interested in historic preservation;
(d) View
structures, sites and areas which it has reason to believe are worthy
of preservation;
(e) Disseminate
information to the public concerning those structures, sites and areas
deemed worthy of preservation, and encourage and advise property owners
and members of the community generally in the protection, enhancement,
perpetuation and use of property designated historic resources;
(f) Consider
and recommend to the city council methods other than those provided
for in this chapter for encouraging and achieving historical or architectural
preservation;
(g) Review
and make recommendations to the city council regarding applications
for, and administration of, historic property agreements, submitted
or entered into, pursuant to the provisions of Article 12 (commencing
with Section 50280), Chapter 1, Part 1, Division 1, Title 5 of the
Government Code.
(Ord. 1440 § 2, 2011)
In considering a proposal for designation as an historic resource,
the commission shall apply any or all of the following criteria:
(a) Its
character, interest or value as a significant part of the heritage
of the city, the state or the nation; and
(b) Its
location as a site of a significant historic event; or
(c) Its
identification with a person or persons who significantly contributed
to the culture and development of the city, the state or the nation;
or
(d) Its
exemplification of a particular architectural style or way of life;
or
(e) Its
exemplification of the best remaining example of a particular architectural
type in the city; or
(f) Its
identification as the creation, design or work of a person or persons
whose efforts have significantly influenced the heritage of the city,
the state or the nation; or
(g) Its
embodiment of elements demonstrating outstanding attention to artistic,
architectural and/or engineering design, detail, materials, or craftsmanship;
or
(h) Its
relationship to any other historic resource if its preservation is
essential to the integrity of the other historic resource (for example,
it is a clearly identified element of a larger cohesive neighborhood
or area whose integrity and character should be protected, such as
the civic center, downtown, or a specific residential neighborhood);
or
(i) Its
unique location or singular physical characteristics representing
an established and familiar visual feature of the city; or
(j) Its
potential of yielding significant information of archeological interest;
or
(k) Its
integrity as a natural environment that strongly contributes to the
well-being of the people of the city, the state, or the nation. For
example, an area retained in or developed in a natural setting, such
as portions of Sign Hill, or some other feature which contributes
to the quality of life in South San Francisco.
(Ord. 1440 § 2, 2011)
The procedure for designation of historic resources shall be
as follows:
(a) Any
person or entity may file an application with the commission upon
paying an application fee in an amount as set forth in the master
fee schedule as adopted by resolution of the city council.
(b) An
application shall be made on the prescribed form and shall be filed
with the chief planner. Included with the application shall be a statement
of consent signed by the property owner(s).
(c) Each
application shall also include a list of the applicable criteria under
which the project qualifies for designation. Each criterion shall
be supported by appropriate facts which will be considered by the
commission in the hearing.
(d) Each
proposal shall be considered by the commission at a public hearing.
Hearing dates shall be set administratively. Notice of the hearing
shall include the date, time and place of the public hearing and the
subject of the hearing. Notice shall be published in a newspaper of
general circulation not less than ten calendar days prior to the date
of the hearing. All notices of the hearings shall be sent by first
class mail not less than ten days prior to the date of the hearing.
All applicants, owners, adjacent property owners and any other individual
who has paid for and requested notice are to be notified. The commission
may give such additional notice by mail or by posting as the commission
may deem desirable.
(e) After
the close of the public hearing and discussion by the commission,
the commission shall take action on the proposal. The commission may
approve, disapprove, or conditionally approve an application for designation
as an historic resource. Approval or conditional approval of a designation
as an historic resource shall be made only by four or more affirmative
votes. Written findings may be adopted within thirty days.
(f) The
commission may approve or conditionally approve a designation as an
historic resource when it finds:
(1) That the proposed structure, natural feature, site or district has
significance as an historic resource; and
(2) That approval is consistent with the purpose and criteria of this
chapter.
(g) Following
its decision, the commission shall send to the applicant(s) and to
the owner(s) of the property(ies) involved a notice outlining the
basis for such decision, and if the commission approves the designation,
the notice shall outline the regulations resulting from such designation.
Information about appealing the decision shall be included in the
notice. The commission also may forward a copy of the notice to any
department or agency requesting it or that the commission considers
affected by the designation.
(h) Upon
expiration of the appeal period the secretary of the commission shall
cause notice of the designation to be recorded in the San Mateo County
recorder’s office.
(Ord. 1440 § 2, 2011)
Any interested person may appeal to the city council a decision of the commission made pursuant to these Sections
2.56.080 through
2.56.210, in accordance with Chapter
20.570.
(Ord. 1440 § 2, 2011)
The remedies provided for herein shall be cumulative and not
exclusive.
(Ord. 1440 § 2, 2011)
Any person violating or failing to comply with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Chapter
1.24 of this code.
(Ord. 1440 § 2, 2011)